New York Public Personnel Law

Summaries of, and commentaries on, selected court and administrative decisions and related matters affecting public employers and employees in New York State in particular and possibly in other jurisdictions in general.

Oct 14, 2022

Former fire officials charged with the theft of more than $11,000 from Volunteer Fire Department

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In a press release dated October 12, 2022, set out below, New York State Comptroller Thomas P. DiNapoli, Allegany County District Attorney K...

First Amendment free speech rights of employees depends on the nature of the employee's speech

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The plaintiffs [Plaintiffs] in the action appealed the dismissed their First Amendment retaliation claim under 42 U.S.C. §1983 against the C...
Oct 13, 2022

Summaries of recent personnel disciplinary decisions posted by the New York City Office of Administrative Trials and Hearings [OATH]

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Use of excessive force - OATH Administrative Law Judge Julia H. Lee recommended termination of employment for a correction officer who used...
Oct 12, 2022

CPLR Article 78 petition alleging Public Advocate improperly criticized and interfered with Union leadership dismissed for failure to join necessary parties

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The text of the decision is posted below: City Empls. Union Local 237, Intl. Bhd. of Teamsters v New York City Bd. of Collective Barg...
Oct 11, 2022

Evaluating applications for workers' compensation benefit "reclassification" pursuant to Workers' Compensation Law §35(3)

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Workers' Compensation Law §35(3) provides for "extreme hardship re-determinations" in cases where the loss of wage-earning cap...
Oct 10, 2022

Government Technology Webinars scheduled for the week beginning October 10, 2022

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  Webinars to be held during the week ending October 14, 2022: Tuesday, October 11 | 1:00pm Eastern How To Get Bots Right: Understanding and...
Oct 8, 2022

Workers’ Compensation Board webinars for employers and for employees

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Webinars for employees The Workers’ Compensation Board (Board) continues its webinar for workers who believe they contracted COVID-19 on...
Oct 7, 2022

Failure to alleged injury in the initial claim for Workers' Compensation Benefits or seek medical attention fatal to establishing eligibility for benefits

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A patrol officer [Claimant] employed by a self-insured Sheriff's Department, filed a claim for workers' compensation benefits stemmi...
Oct 6, 2022

Applying the doctrine of acting in loco parentis in situations involving a school district's minor students

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A high school student who was a minor [Student] committed suicide while at home. Earlier that day [Student] had been [1] been "dischar...
Oct 5, 2022

Summaries of recent decisions posted on the Internet by the New York City Office of Administrative Trials and Hearings [OATH]

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                Click on text highlighted in color to access the text described.   Personnel ALJ recommends termination of employment for...
Oct 4, 2022

Civics and Science: Contemporary Issues for Civil Democracy

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Dr. Robert A. Michaels, NYPPL's Science Consultant, has published a new book focusing on contemporary issues of critical importance to ...
Oct 3, 2022

Resolving a tie vote by the NYC Board of Trustees of Article 1-B considering a firefighter's application for accidental disability retirement

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A New York City firefighter challenged denial of a firefighter's application for Accidental Disability Retirement [ADR] following a tie...
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